AB1459 - Hazardous waste: underground storage tanks.

Assembly Bill No. 1459 CHAPTER 89 An act to amend Sections 25200.3, 25200.3.1, 25201.5, and 25281 of the Health and Safety Code, relating to hazardous materials. [ Approved by Governor July 30, 2025. Filed with Secretary of State July 30, 2025. ] LEGISLATIVE COUNSEL'S DIGEST AB 1459, Committee on Environmental Safety and Toxic Materials. Hazardous waste: underground storage tanks. (1) Existing law requires facilities that generate, treat, or store hazardous waste to obtain a permit or other authorization from the Department of Toxic Substances Control or a unified program agency. Existing law specifies that a hazardous waste facilities permit or other grant of authorization is not required for the treatment of laboratory hazardous waste generated onsite if, among other things, the laboratory hazardous waste is treated in containers using specified procedures and quantities for treatment of laboratory waste, as provided. This bill would specify the priority of those specified procedures. If those specified procedures do not exist, the bill would authorize the use of the manufacturer’s written procedures if they are not in conflict with applicable rules or regulations. Existing law requires generators of hazardous waste to provide various notifications and certifications regarding compliance to the department, and to other specified entities, in person, or by certified mail, as provided. This bill would additionally authorize those notifications and certifications to be made into the statewide information management system. (2) Existing law provides for the regulation of underground storage tanks by the State Water Resources Control Board and defines “underground storage tank” for those purposes. Existing law excludes certain tanks from the definition of “underground storage tank,” including, but not limited to, a tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices. This bill would instead exclude from that definition a tank holding hydraulic fluid or dielectric fluid for a closed loop mechanical system that uses compressed air, hydraulic fluid, or dielectric fluid to operate lifts, to operate elevators, to act as an electric cooling or insulation system, and other similar devices. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 25200.3 of the Health and Safety Code is amended to read: 25200.3. (a) A generator who uses the following methods for treating RCRA or non-RCRA hazardous waste in tanks or containers, which is generated onsite, and which do not require a hazardous waste facilities permit under the federal act, shall, for those activities, be deemed to be operating pursuant to a grant of conditional authorization without obtaining a hazardous waste facilities permit or other grant of authorization and a generator is deemed to be granted conditional authorization pursuant to this section, upon compliance with the notification requirements specified in subdivision (e), if the treatment complies with the applicable requirements of this section: (1) The treatment of aqueous wastes that are hazardous solely due to the presence of inorganic constituents, except asbestos, listed in subparagraph (B) of paragraph (1) and subparagraph (A) of paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations, and which contain not more than 1,400 ppm total of these constituents, using the following treatment technologies: (A) Phase separation, including precipitation, by filtration, centrifugation, or gravity settling, including the use of demulsifiers and flocculants in those processes. (B) Ion exchange, including metallic replacement. (C) Reverse osmosis. (D) Adsorption. (E) pH adjustment of aqueous waste with a pH of between 2.0 and 12.5. (F) Electrowinning of solutions, if those solutions do not contain hydrochloric acid. (G) Reduction of solutions that are hazardous solely due to the presence of hexavalent chromium, to trivalent chromium with sodium bisulfite, sodium metabisulfite, sodium thiosulfite, ferrous chloride, ferrous sulfate, ferrous sulfide, or sulfur dioxide, provided that the solution contains less than 750 ppm of hexavalent chromium. (2) Treatment of aqueous wastes that are hazardous solely due to the presence of organic constituents listed in subparagraph (B) of paragraph (1), or subparagraph (B) of paragraph (2), of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations and that contain not more than 750 ppm total of those constituents, using either of the following treatment technologies: (A) Phase separation by filtration, centrifugation, or gravity settling, but excluding supercritical fluid extraction. (B) Adsorption. (3) Treatment of wastes that are sludges resulting from wastewater treatment, solid metal objects, and metal workings that contain or are contaminated with, and are hazardous solely due to the presence of, constituents, except asbestos, listed in subparagraph (B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations, or treatment of wastes that are dusts that contain, or are contaminated with, and are hazardous solely due to the presence of, not more than 750 ppm total of those constituents, except asbestos, listed in subparagraph (B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations, using any of the following treatment technologies: (A) Physical processes that constitute treatment only because they change the physical properties of the waste, such as filtration, centrifugation, gravity settling, grinding, shredding, crushing, or compacting. (B) Drying to remove water. (C) Separation based on differences in physical properties, such as size, magnetism, or density. (4) Treatment of alum, gypsum, lime, sulfur, or phosphate sludges, using either of the following treatment technologies: (A) Drying to remove water. (B) Phase separation by filtration, centrifugation, or gravity settling. (5) Treatment of wastes listed in Section 66261.120 of Title 22 of the California Code of Regulations, which meet the criteria and requirements for special waste classification in Section 66261.122 of Title 22 of the California Code of Regulations, using any of the following treatment technologies, if the waste is hazardous solely due to the presence of constituents, except asbestos, listed in subparagraph (B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations and the waste contains not more than 750 ppm total of those constituents: (A) Drying to remove water. (B) Phase separation by filtration, centrifugation, or gravity settling. (C) Screening to separate components based on size. (D) Separation based on differences in physical properties, such as size, magnetism, or density. (6) Treatment of wastes, except asbestos, that have been classified by the department as special wastes pursuant to Section 66261.24 of Title 22 of the California Code of Regulations, using any of the following treatment technologies, if the waste is hazardous solely due to the presence of constituents, except asbestos, listed in subparagraph (B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations and the waste contains not more than 750 ppm of those constituents: (A) Drying to remove water. (B) Phase separation by filtration, centrifugation, or gravity settling. (C) Magnetic separation. (7) Treatment of soils that are hazardous solely due to the presence of metals listed in subparagraph (A) of paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations, using either of the following treatment technologies: (A) Screening to separate components based on size. (B) Magnetic separation. (8) Except as provided in Section 25201.5, treatment of oil mixed with water and oil/water separation sludges, using any of the following treatment technologies: (A) Phase separation by filtration, centrifugation, or gravity settling, but excluding supercritical fluid extraction. This phase separation may include the use of demulsifiers and flocculants in those processes, even if the processes involve the application of heat, if the heat is applied in totally enclosed tanks and containers, and if it does not exceed 160 degrees Fahrenheit, or any lower temperature that may be set by the department. (B) Separation based on differences in physical properties, such as size, magnetism, or density. (C) Reverse osmosis. (9) Neutralization of acidic or alkaline wastes that are hazardous only due to corrosivity or toxicity that results only from the acidic or alkaline material, in elementary neutralization units, as defined in Section 66260.10 of Title 22 of the California Code of Regulations, if the wastes contain less than 10 percent acid or base constituents by weight, and are treated in tanks or containers and piping, constructed of materials compatible with the range of temperatures and pH levels, and subject to appropriate pH and temperature controls. If the waste contains more than 10 percent acid or base constituents by weight, the volume treated in a single batch at any one time shall not exceed 500 gallons. (10) Treatment of spent cleaners and conditioners that are hazardous solely due to the presence of copper or copper compounds, subject to the following: (A) The following requirements are met, in addition to all other requirements of this section: (i) The waste stream does not contain more than 5,000 ppm total copper. (ii) The generator does not generate for treatment any more than 1,000 gallons of the waste stream per month. (iii) The treatment technologies employed are limited to those set forth in paragraph (1) for metallic wastes. (iv) The generator keeps records documenting compliance with this subdivision, including records indicating the volume and concentration of wastes treated, and the management of related solutions that are not cleaners or conditioners. (B) Cleaners and conditioners, for purposes of this paragraph, are solutions containing surfactants and detergents to remove dirt and foreign objects. Cleaners and conditioners do not include microetch, etchant, plating, or metal stripping solutions or solutions containing oxidizers, or any cleaner based on organic solvents. (C) A grant of conditional authorization under this paragraph shall expire on January 1, 1998, unless extended by the department pursuant to this section. (D) The department shall evaluate the treatment activities described in this paragraph and shall designate, by regulation, not later than January 1, 1997, those activities eligible for conditional authorization and those activities subject to permit-by-rule. In adopting regulations under this subparagraph, the department shall consider all of the following: (i) The volume of waste being treated. (ii) The concentration of the hazardous waste constituents. (iii) The characteristics of the hazardous waste being treated. (iv) The risks of the operation, and breakdown, of the treatment process. (11) Any waste stream technology combination certified by the department, pursuant to Section 25200.1.5, as suitable for authorization pursuant to this section, that operates pursuant to the conditions imposed on that certification. (b) Any treatment performed pursuant to this section shall comply with all of the following, except as to generators, who are treating hazardous waste pursuant to paragraph (11) of subdivision (a), who shall also comply with any additional conditions of the specified certification if those conditions are different from those set forth in this subdivision: (1) The total volume of hazardous waste treated in the unit in any calendar month shall not exceed 5,000 gallons or 45,000 pounds, whichever is less, unless the waste is a dilute aqueous waste described in paragraph (1), (2), or (9) of subdivision (a) or oily wastes as described in paragraph (8) of subdivision (a). The department may, by regulation, impose volume limitations on wastes that have no limitations under this section, as may be necessary to protect human health and safety or the environment. (2) The treatment is conducted in tanks or containers. (3) The treatment does not consist of the use of any of the following: (A) Chemical additives, except for pH adjustment, chrome reduction, oil/water separation, and precipitation with the use of flocculants, as allowed by this section. (B) Radiation. (C) Electrical current except in the use of electrowinning, as allowed by this section. (D) Pressure, except for reverse osmosis, filtration, and crushing, as allowed by this section. (E) Application of heat, except for drying to remove water or demulsification, as allowed by this section. (4) All treatment residuals and effluents are managed and disposed of in accordance with applicable federal, state, and local requirements. (5) The treatment process does not do either of the following: (A) Result in the release of hazardous waste into the environment as a means of treatment or disposal. (B) Result in the emission of volatile hazardous waste constituents or toxic air contaminants, unless the emission is in compliance with the rules and regulations of the air pollution control district or air quality management district. (6) The generator unit complies with any additional requirements set forth in regulations adopted pursuant to this section. (c) A generator operating pursuant to subdivision (a) shall comply with all of the following requirements: (1) Except as provided in paragraph (4), the generator shall comply with the standards applicable to generators specified in Chapter 12 (commencing with Section 66262.10) of Division 4.5 of Title 22 of the California Code of Regulations and with the applicable requirements in Sections 66265.12, 66265.14, and 66265.17 of Title 22 of the California Code of Regulations. (2) The generator shall comply with Section 25202.9 by making an annual waste minimization certification. (3) The generator shall comply with the environmental assessment procedures required pursuant to subdivisions (a) to (e), inclusive, of Section 25200.14. If that assessment reveals that there is contamination resulting from the release of hazardous waste or constituents from a solid waste management unit or a hazardous waste management unit at the generator’s facility, regardless of the time at which the waste was released, the generator shall take every action necessary to expeditiously remediate that contamination, [Text truncated for display. Full text available on Congress.gov.]